373Access to documents

373 Access to documents

(1) Subject to subsection (3), the following must give a person who is the subject of a proceeding access to any documents in its possession in connection with the proceeding at least 2 business days before the hearing—

(a) a designated mental health service;

(b) a psychiatrist who has applied to the Mental Health Tribunal for authorisation for the performance of electroconvulsive treatment.

(2) An authorised psychiatrist or a psychiatrist may apply to the Mental Health Tribunal for access to any documents referred to in subsection (1) to be denied to the person who is the subject of a proceeding if the authorised psychiatrist or the psychiatrist is of the opinion that the disclosure of information in such a document may cause serious harm to the person or to another person.

(3) If the Mental Health Tribunal determines that the disclosure of the information referred to in subsection (2) may cause serious harm to the person who is the subject of the proceeding or to another person, the Tribunal may—

(a) deny the disclosure of the relevant document to the person who is the subject of the proceeding; and

(b) proceed with the hearing; and

(c) have regard to that information at the hearing.

(4) If the Mental Health Tribunal determines that the disclosure of the information referred to in subsection (2) will not cause serious harm to the person who is the subject of the proceeding or to another person, the Tribunal may—

(a) order the designated mental health service or the psychiatrist who has applied to the Mental Health Tribunal for authorisation for the performance of electroconvulsive treatment (as the case requires) to give the person who is the subject of the proceeding access to the relevant document; and

(b) adjourn the hearing for a period not exceeding 5 business days and extend the duration of the relevant order for the length of that period.